Experts say the failure to submit the request to states through the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) violates a 1980 law known as the Paperwork Reduction Act (PRA). They also say the failure could be significant, since states could argue it means they are under no obligation to respond.

“If the commission gets heavy-handed with them, it seems to me that the states are within their right to say, ‘No, we don’t have to respond because you didn’t go through [OIRA],’” said Susan Dudley, a former OIRA administrator who is now director of the GW Regulatory Studies Center at George Washington University.